Tuesday, April 23, 2024

Can a civilian attorney for the family of a victim speak to the media?

This seems a real question in a current Spanish case. The attorney in question, Luis Romero Santos, writes in this op-ed:

Perhaps Your Honor receives pressure from his bosses and from the defense's military lawyers, since we must not forget the hierarchical dependence of military judges, both functional and organic. They must follow orders and their career advancements may be in jeopardy. That is why we should ask ourselves if it is not time to integrate military jurisdiction into ordinary jurisdiction, as has happened some time ago in Germany, France, Holland and Portugal. Our Constitution allows it.

It is anachronistic and contrary to the rule of law that military justice is exercised by soldiers who do not have the independence that judges and prosecutors of the ordinary jurisdiction have. There are provisions and privileges that are already outdated in a democracy.

Justice must be equal for everyone.

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